California Supported Decision Making Agreement

What AB 1663 Changed

Before January 2023, California had no formal legal framework for Supported Decision-Making. Parents either navigated the conservatorship pipeline or cobbled together informal arrangements that hospitals, banks, and schools could refuse to honor.

Assembly Bill 1663 changed that. It added Division 11.5 to the Welfare and Institutions Code (Sections 21000–21008), creating a statutory right for adults with disabilities to appoint supporters who help them understand, make, and communicate their own decisions. Under WIC Section 21004, third parties — medical providers, schools, banks, regional centers — are required to allow supporters to be present in meetings and to consider the individual's decisions made with supporter assistance as their own.

The critical distinction from conservatorship: supporters have no authority to make decisions for the individual. The person with a disability retains full legal autonomy. Supporters explain, clarify, and help communicate — they do not override.

The WIC Section 21005 Requirements

California does not have a mandatory statewide form for SDM agreements. You can use any format — including multimedia or video — as long as the document meets six statutory requirements:

1. Plain language accessible to the person with a disability
2. Specific domains where support is requested and what each supporter will do (medical, financial, housing, education, social relationships, or any combination)
3. Supporter eligibility declarations confirming the supporter is not disqualified under Welfare and Institutions Code Section 21002, including no active protective orders, no prior removal as a conservator for cause, and no civil or criminal liability for elder or dependent-adult abuse, neglect, or fraud
4. Mandatory warning informing the person of their right to file a report under the Elder Abuse and Dependent Adult Civil Protection Act
5. List of other decision-making documents in place (Powers of Attorney, health care directives, educational assignments)
6. Signatures of the person and each supporter, witnessed by a notary public or at least two disinterested adult witnesses

The agreement must also be reviewed and re-executed every two years — a detail many families miss. An expired SDM agreement has no statutory force.

SDM vs. Conservatorship

The practical differences are stark:

Cost. An SDM agreement costs nothing beyond notary fees (typically $15 per signature in California). A limited conservatorship runs $3,000–$10,000 in attorney fees plus $435 in court filing fees, investigator charges, and potentially a fidelity bond.

Court involvement. SDM: none. Conservatorship: a court investigator visits your home, the regional center evaluates the proposed conservatee when the proposed conservatee is a regional-center client or consents to the assessment, PVP counsel is appointed for the proposed conservatee, and a probate judge conducts a formal hearing.

Impact on rights. SDM: the individual retains every civil right they had before signing. Conservatorship: the judge strips specific rights (up to seven enumerated powers under Probate Code Section 2351.5) and transfers them to the conservator.

Revocability. SDM: revocable at any time, orally or in writing. Conservatorship: requires filing a formal petition and getting a judge to issue a termination order.

Enforcement. This is the trade-off. A conservator's authority is backed by a court order — third parties cannot refuse it. An SDM supporter's presence is protected by statute (WIC Section 21004), but if a hospital or bank pushes back, enforcement requires escalation through complaint channels rather than presenting a court order.

When SDM Is Enough

For a young adult who can indicate preferences and identify people they trust, SDM paired with an Advance Health Care Directive and Durable Power of Attorney covers the vast majority of transition concerns: medical access, financial management, educational decisions, and daily living support.

This combination works well for the "Autonomy Advocate" segment — families whose child communicates verbally or semi-verbally, can express likes and dislikes, and benefits from structure and reminders rather than someone making decisions for them.

When SDM Falls Short

If your child cannot express preferences even with augmentative communication tools and extensive support, they likely cannot form the intent required to appoint supporters. SDM is a voluntary instrument — it requires a willing participant who understands the basic concept of choosing trusted helpers.

In those situations, a limited conservatorship may be the only viable path. Families sometimes use SDM for some domains (where the person can participate with support) and a limited conservatorship for others (where they genuinely cannot). California law does not require an all-or-nothing approach.

Getting Started

Draft your SDM agreement at least three months before your child's 18th birthday. Identify supporters for each life domain. Gather any existing legal documents (AHCDs, Powers of Attorney, educational assignments) to list in the agreement. The document cannot be signed until the person turns 18, but having everything ready means you can execute it on the birthday itself.

The California Adult Guardianship & Alternatives Guide includes a California-specific SDM preparation framework with domain-by-domain supporter selection worksheets and the statutory elements checklist required under WIC Section 21005.

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